Howard v. Transportation Cabinet

878 S.W.2d 14, 1994 Ky. LEXIS 72, 1994 WL 277846
CourtKentucky Supreme Court
DecidedJune 23, 1994
DocketNo. 93-SC-121-DG
StatusPublished
Cited by4 cases

This text of 878 S.W.2d 14 (Howard v. Transportation Cabinet) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Howard v. Transportation Cabinet, 878 S.W.2d 14, 1994 Ky. LEXIS 72, 1994 WL 277846 (Ky. 1994).

Opinions

STEPHENS, Chief Justice.

This appeal raises the question of whether a vehicle enforcement officer (VEO) has the statutory authority to arrest the driver of a passenger automobile for driving under the influence (DUI), or whether such an officer’s powers are limited to drivers of vehicles governed by KRS Chapter 281, entitled “Motor Carriers.”

The facts are not in dispute. On May 1, 1986, on-duty VEO officer, appellant James Cantrell, happened upon the scene of an automobile accident on U.S. Route 23. It was apparent to him that the driver of the automobile was intoxicated. Because Officer Cantrell was unable to reach either the Kentucky State Police or his own headquarters by radio for twenty to thirty minutes, he arrested the driver of the automobile and transported him to the Johnson County Jail. According to the Transportation Cabinet’s Guidance Manual under which appellant works, “DUI enforcement by Motor Vehicle Personnel is restricted to motor carrier drivers/operators” as defined by KRS 281.011(1). See Transportation Guidance Manual, Chapter 92-33, Section 0090. Consequently, Cantrell was issued a disciplinary letter of reprimand by his employer, the appellee herein, for exceeding the scope of his authority.

The present action was brought by appellant Cantrell and other citizens seeking to compel enforcement of DUI laws by the Kentucky Transportation Cabinet and various Vehicle Enforcement Officers working area highways. The controversy was submitted to the Johnson Circuit Court by agreed order of the parties. The trial court concluded that vehicle enforcement officers have an obligation to enforce DUI laws with regard to all types of motor vehicles, pursuant to KRS 281.765 and KRS 189.010 through 189.090. It was further ordered that the Cabinet shall remove the letter of reprimand from the personnel file of Officer Cantrell. The Court of Appeals reversed. This Court granted discretionary review.

Resolution of the sole issue before the Court in this case depends upon which one of two statutes is controlling.

KRS 281.770 provides:

(1) The commissioner, department of state police, is hereby authorized to issue commissions to employees of the department as law enforcement officers, and such employees when so commissioned shall have all the powers of peace officers in respect to the enforcement of this chapter and all the statutes and regulations relating to motor vehicles operated as private or for-hire carriers.
(2) Peace officers commissioned as provided herein may be assigned additional duties in enforcing other provisions of law for specified limits of time during an emergency or time of special needs as determined by the commissioner in his discretion.
KRS 281.765 provides in pertinent part: Any peace officer, including sheriffs and their deputies, constables and their deputies, police officers and marshals of cities or incorporated towns, county police or patrols, and special officers appointed by any agency of the Commonwealth of Kentucky for the enforcement of its laws relating to motor vehicles and boats or boating, now existing or hereafter enacted, shall be authorized and it is hereby made the duty [16]*16of each of them to enforce the provisions of this chapter and to make arrests for any violation or violations thereof, and for violations of any other law relating to motor vehicles and boating, ... (Emphasis added)

A unanimous Court of Appeals panel found the issue in this case controlled by Wilson v. Bureau of State Police, Ky.App., 669 S.W.2d 18 (1984), for which discretionary review was not sought. In Wilson, the Court of Appeals stated that it did “not construe the reference in KRS 281.766 to special officers appointed by any agency of the Commonwealth as being intended to include officers appointed pursuant to KRS 281.770.” Id. at 20. Noting the apparent conflict in the statutes, the court traced the various amendments to the statutes in the years following their enactment. The Wilson court concluded that “the carefully worded amendments of KRS 281. 765 and KRS 281.770 enacted over the years manifest a legislative intent to view KRS 281.770 as the sole statute applicable to officers such as appellant.” Id. at 21.

In the present case, the Court of Appeals cited the change in authority over VEOs from the Kentucky State Police to the Transportation Cabinet, but characterized the legislature’s failure to amend KRS 281.770 to reflect the transfer as an “oversight.” It ruled that “VEOs still derive their powers from KRS 281.770, and not KRS 281.765, which in effect holds that Wilson, supra, is still good law. See Fiscal Court of Jefferson County v. City of Anchorage, Ky., 393 S.W.2d 608 (1965).” The court further concluded that while the legislature amended the DUI statutes to increase the penalties and strengthen enforcement of the DUI laws, nothing in Chapter 189A can be construed as expanding the powers or duties of the VEOs to arrest drivers of passenger automobiles for DUI. Respectfully, we disagree.

From the outset, it seems apparent that KRS 281.765 and 281.770, with regard to the scope of authority accorded to VEOs, are facially irreconcilable. KRS 281.765 contains language that functions as a broad grant of authority to various types of peace officers, including “special officers appointed by any agency of the Commonwealth of Kentucky for the enforcement of its laws relating to motor vehicles ...” These officers are not only authorized, but indeed, operate under a duty “to enforce the provisions of this chapter and to make arrests for ... violations of any other law relating to motor vehicles ...” Emphasis added.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Smith v. Norton Hospitals, Inc.
488 S.W.3d 23 (Court of Appeals of Kentucky, 2016)
Meghoo v. Commonwealth
245 S.W.3d 752 (Kentucky Supreme Court, 2008)
Hughes v. Kentucky Horse Racing Authority
179 S.W.3d 865 (Court of Appeals of Kentucky, 2004)
Vinson v. Brown
80 S.W.3d 221 (Court of Appeals of Texas, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
878 S.W.2d 14, 1994 Ky. LEXIS 72, 1994 WL 277846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-transportation-cabinet-ky-1994.